General conditions of use

These General Terms of Use ("CGU") govern access to the test.gode.fr site and its use by any person (the "User"). The site is edited by SAS Godé, the contact details of which appear in the Legal Notice. Access to the site and its navigation are accepted without reservation by the CGUs; the User who does not accept the terms of the site is invited not to use the site. In addition, purchases are governed by the General Conditions of Sale.

Article 1 — Purpose of the site

The site presents materials designed, manufactured or distributed by SAS Godé (Minibatt, moisture testers, grease pumps G3P, PMG Fiber Control, vegetable equipment, spare parts), makes available technical and commercial documentation, allows to order online, create and manage a customer account, register the 3-year commercial warranty of a device and contact the company.

Article 2 — Access to the site

The site is accessible free of charge, excluding connection costs, to any User who has access to the Internet, 24 hours a day and 7 days a week, unless scheduled or not for maintenance, updating or force majeure purposes. SAS Godé implements reasonable means to ensure the availability and security of the site, without being bound to an obligation of result, and cannot be held responsible for interruptions, slowdowns or failures of the User's network or equipment.

SAS Godé reserves the right to suspend, restrict or modify all or part of the site without prior notice, without liability.

Article 3 — Client account

The creation of an account is optional to order but necessary to access the order history, address book, follow-up of guarantee requests and download of documents (payment confirmations, invoices, certificates). The User chooses, at the time of creation, the quality in which he acts: individual (name, first name, e-mail) or professional (name, SIRET, intra-Community VAT number if applicable). This declaration determines the legal regime applicable to its orders (see CGV); any false statement is liable.

The User undertakes to provide accurate, complete and up-to-date information, and to modify it from its customer area in case of change. He is solely responsible for the confidentiality of his identifiers and any use of his account; he informs SAS Godé without delay at [email protected] about any unauthorized use. The password is never requested by SAS Godé by e-mail or phone.

SAS Godé may suspend or close an account, after informing the User, in the event of a breach of CGUs or CGVs, false statements, unpaid, fraud or prolonged inactivity (three years), without prejudice to the legal archiving of billing data. The User may request the deletion of his account at any time from his space or at [email protected].

Article 4 — Information and content

Technical, trade and tariff information is provided for information purposes and may evolve. The contract specifications and prices are those displayed at the time of validation of the order, under the conditions described by the Terms and Conditions. The instructions for use, video tutorials and fact sheets do not exempt reading of the device's instructions or compliance with safety instructions.

Article 5 — Intellectual property

The site and each of its elements (texts, photographs, videos, pamphlets, notices, logos, brands, graphic charts, software, databases) are protected by the Intellectual Property Code and belong to SAS Godé or its partners. Access to the site confers on the User only a private, non-exclusive and non-transferable right of use.

Any reproduction, representation, adaptation, extraction or reuse, in whole or in part, without prior written authorization, is prohibited and punishable under the terms of infringement (articles L335-2 et seq. and L716-4 of the Intellectual Property Code). Downloadable booklets and leaflets are intended for internal personal or professional use. Automated extraction of content (aspiration, harvesting, model training) is prohibited.

Article 6 — Obligations of the User

The User undertakes to use the site in accordance with its destination, the law and these Terms of Use. In particular, it is prohibited: to obstruct or disrupt the operation of the site or its API (overload, unauthorized intrusion tests, circumvention of limitations); to access or attempt to access reserved spaces (administration, third party accounts); to disseminate via the forms unlawful, offensive, defamatory, unsolicited advertising or infringement of the rights of third parties; use false names, false coordinates or data of others; use promotional codes fraudulently. Any violation may result in the suspension of access and prosecution, in particular on the basis of articles 323-1 et seq. of the Criminal Code.

Article 7 — Liability

SAS Godé is liable only for direct and foreseeable damage resulting from a proven fault on its part in the operation of the site. It shall not be liable for damages resulting from the use of the site by the User, the inadequacy of the site to its needs, the fraudulent intrusion of a third party, a virus or the failure of its own equipment or its access provider. These limitations do not apply to personal injury or to cases where they are prohibited by law against Consumers.

The User is responsible for the protection of his equipment and data, in particular through up-to-date security software.

Article 8 — Hypertext links

The site can return to third party sites (Colissimo for tracking packages, Systempay for payment, partners and resellers). SAS Godé has no control over their content or practices and disclaims any responsibility for them; their consultation shall be subject to their own conditions. The creation of links to the site is free under the conditions specified in the Legal Notice.

Article 9 — Personal data and cookies

The processing of personal data carried out via the website (account, order, contact, guarantee, audience measurement) and the use of cookies are described respectively in the Privacy Policy and the Cookie Management page, which form an integral part of these CGUs. The User can find a list of his rights and the procedures for exercising them.

Article 10 — Evidence and storage

Computerised records kept in SAS Godé systems and its providers under reasonable security conditions (logs of connection, timing, acceptance of GTCs and GTCs by check box, electronic signature logs) are considered proof of communications, orders and payments between the parties, in accordance with articles 1366 and 1367 of the Civil Code.

Article 11 — Modification of EGUs

SAS Godé may amend these Terms and Conditions at any time to adapt them to changes in the site, law or jurisprudence. The applicable GUCs are those online at the time of use of the site; their date of update is at the bottom of the page. The User is invited to consult them regularly.

Article 12 — Applicable law and jurisdiction

These GUCs are governed by French law. In the event of a dispute concerning their interpretation or execution, the parties shall seek an amicable solution; the Consumer User may use the Consumer Ombudsman free of charge under the conditions referred to in the Legal Notice and Terms and Conditions, or the European online dispute resolution platform (https://ec.europa.eu/consumers/odr).

In the absence of an amicable resolution, any dispute with a User acting as a professional shall be subject to the exclusive jurisdiction of the courts of Saint-Quentin, notwithstanding a plurality of defendants or an appeal for security. Disputes with a Consumer User fall within the jurisdiction of the competent courts under articles R631-3 of the Consumer Code and 42 et seq. of the Code of Civil Procedure, the Consumer being able to refer, at his option, to one of the territorially competent courts under the Code of Civil Procedure or the jurisdiction of the place where he remained at the time of the conclusion of the contract or the occurrence of the harmful event.